Kilmar Abrego Garcia, a Maryland resident, was deported in error last month. As of this writing, he is still in custody in El Salvador, according to the Trump administration’s assurances to a federal district court judge. His new home is the infamous Terrorism Confinement Center. This has raised a lot of questions about the federal government’s attempt to bring him back to the United States.
U.S. District Judge Paula Xinis issued an order requiring the administration to provide detailed information about Garcia’s “current physical location and custodial status.” Yet, in a recent congressional hearing, a U.S. government lawyer could not provide any concrete information about Garcia’s location. The first time the government confirmed this to him, that he is subject to the authority of the El Salvador government.
True to form, Michael G. Kozak, a Senior Bureau Official in the State Department’s Bureau of Western Hemisphere Affairs, briefed the court. He verified that Garcia is very much alive and safe in the facility. He stated, “He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.” This announcement was the culmination of a sustained civil society pressure campaign demanding transparency from U.S. officials about Garcia’s circumstances.
The government has now acknowledged Garcia’s continued detention. Their filings always fell short on explaining what concrete action they were pursuing to return him to the U.S., as ordered by Judge Xinis. Kozak further noted, “It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.” This recognition goes a little way toward explaining Garcia’s plight and understanding how to fix it, but it doesn’t soften the blow of his expected return.
The Trump administration is currently laying the groundwork to return Garcia. They have yet to release significant information on what these actions entail. This change in communication has attracted widespread criticism, particularly considering the details of his original deportation and his ongoing detention.
Garcia’s case therefore shines a critical light on the deeply problematic state of immigration enforcement domestically and cooperation internationally between the U.S. and El Salvador. As questions mount over the administration’s handling of Garcia’s case, many advocates and family members await clarity on his future.
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